Problems of initiating and proceeding of criminal cases under article 116.1 of the Criminal code of the Russian Federation

This article draws attention to one of the existing problems of the criminal procedure legislation of the Russian Federation - the problem of initiating a criminal case on crimes provided for by Article 116.1 of the Criminal Code of the Russian Federation. The given article analyzes not only the problematic issues of this topic, but also various options for solving problems, the main of which is the attribution of criminal cases on crimes under article 116.1 of the Criminal Code of the Russian Federation by the legislator to cases of private prosecution. Therefore, the author believes, that the solution to the problem lies precisely in the exclusion of this category of cases from the number of private prosecution cases, which frees the victims from the duty of a private prosecutor, provides them with a real opportunity to prosecute the persons who beat them. The author also concluded that the empowerment of a district court judge to accept applications for the initiation of a private prosecution for his own proceedings is contrary to the fundamental principles of criminal proceedings.

private prosecution, initiating criminal proceeding, beating, analogy of law, district courts